I started freelancing at an agency that I haven't been to in quite a while. Of course there is the usual stack of papers that needed to be signed first, like the standard confidentiality agreement, W-4 forms, etc. However, there was one multiple-page document that really caught my eye. A non-competition agreement.
The first two paragraphs of the agreement specifically state that you, as an independent contractor, will not engage in any type of activity that represents a conflict of interest to the agency, including employment or freelancing for any other agency or client. The term of this agreement (get this part) is for two years after the agreement has been signed.
I'll now wait until you all stop laughing.
The contract goes on to specifically forbid all sorts of things that are, for all intents and purposes, the life blood of working as a freelancer. Did I mention the 60-day terms on payment? Right. Suffice it to say that I refused to sign this nonsense.
I'm sure there are many folks out there who just may sign an agreement such as this and think to themselves, "So what? I'll just sign it, and do what ever I want to. No one will ever know the difference! After all, if I don't sign it then I won't be able to work here, right?" Wrong. Don't fool yourself into believing this is just another piece of paper. You'll be signing a legal and binding contract that a bunch of high-paid attorneys spent hours writing up and revising. And as we all know this is a really small industry and everyone knows EVERYTHING.
No freelancer or staffer should ever sign one of these, no matter how much pressure there is to sign it. Once you sign it you immediately forfeit your legal right to effectively operate your freelance business, or find another staff job while under the 2 year term limit. It's pure horse shit, but that won't stop certain agencies from browbeating you into signing something that will be in your worst interest. This isn't the first time I've rejected this type of agreement, and I doubt it will be my last. And even though I have always refused to sign it, I have never been refused work because I didn't sign it.
